Boda Boda riders chair who led mob guilty of murder

A boda boda operators association chairman in Butere sub-county has been convicted of murder after the court found him guilty of inciting colleagues to lynch a suspected thief.

Moses Ambwoto Amweye was found guilty of the murder of Abdalla Wesamba on July 25, 2012 at Shibunje village.

High Court Judge Ruth Sitati said prosecution had proved its case beyond doubt. Five witnesses testified against Ambwoto.

The convict led other boda boda operators to assault the victim on allegations he had stolen a motorbike belonging to a Mr Jackson Andayi.

Ambwoto was charged alongside Rajab Moi Osanya. However, Moi died while the trial was ongoing.

Bakari Makhokha, a brother to the victim, told the court he was lured to call Wesamba to join them at a local bar.

Unaware of the planned attack, Wesamba went to the joint where he met his brother, Moi and Ambwoto.

However, the two riders forced him onto a waiting motorcycle and left.

Bakari said he called other family members and informed them on what was happening.

The two went to the victim's house where they met his sister Zaituna Makokha. They demanded that he produces the lost motorcycle or face their wrath.

Zaituna told the court more than 20 other riders arrived at the scene and started beating her brother using metal bars. One of them cut him on the forehead with an axe.

She said her brother said he had nothing to do with the bike that was reported to have been stolen, but they would hear none of it.

Duncan Oluoch, who conducted a postmortem examination on the body at St Mary’s Mission Hospital in Mumias, said the victim had third degree burns and multiple cuts on his head and limbs.

“Being in charge of his members, the accused should have known assault would have caused death. There is no doubt the intention was either to kill or cause grievous harm,” said Sitati.

Probation officers are expected to file a pre-sentencing report on November 22.